EPA v. ATLANTIC EXPLORER C/O BAE SHIPYARD

Case summary

APRIL 13, 2022 - NOTICE OF REFUSAL OF ADMISSION FIFRA 12(a)(1)(A): To sell or distribute to any person any pesticide that is not registered under Section 3 or whose registration has been cancelled or suspended, except to the extent that distribution or sale otherwise has been authorized by the Administrator under FIFRA. Specifically, the product labeled as organic and biological fouling is covered under FIFRA yet does not appear to be registered. FIFRA 12(a)(1)(E): To sell or distribute a pesticide that is misbranded. Specifically, Biosperse 250 appears to be a registered product yet the full label is not attached to the product. FIFRA 12(a)(2)(N): Failure to file reports required by the Act. The importer or the importer's agent did not file or did not complete a Notice of Arrival of Pesticide and Devices (NOA) EPA Form 3540-1 prior to the arrival of the shipment in the U.S. or an electronic alternative to the NOA filed with the entry documentation via any CBP authorized electronic data interchange system.

Defendants (1)

• ATLANTIC EXPLORER C/O BAE SHIPYARDNamed in settlement

Facilities (1)

• ATLANTIC EXPLORER C/O BAE SHIPYARD

  8500 HECKSCHER DRIVE, JACKSONVILLE, FL, 32226

  Registry ID: 110071251229

Statutes cited

• FIFRA 12A1E — Adulterated/Misbranded
• FIFRA 12A2N — Failure to File Reports
• FIFRA 12A1A — Unregistered Pesticide

Enforcement conclusions (1)

• ATLANTIC EXPLORER C/O BAE SHIPYARDentered 2022-04-13

  Primary law: FIFRA

Timeline (3 milestones)

• 2022-04-13Enforcement Action Closed
• 2022-04-13Final Order Issued
• 2022-04-15Enforcement Action Data Entered